Claims for compensation

The material on this website, including frequently asked questions (FAQs) and any other informational material, is provided for general information only, and on the understanding that Glen Eira City Council (Council) is not providing professional advice on a particular matter. 

Council makes no representations or warranties regarding the completeness, accuracy, reliability, or suitability of the information on this site for any particular purpose. 

This website contains information that is intended to simplify the law for ease of comprehension. In addition, errors or omissions can occur in the preparation of web pages. Laws and regulations vary by location and may change over time, and their application can vary widely based on the specific facts and circumstances involved. Therefore, before relying on the material, users should independently verify its accuracy, completeness, relevance for their purposes and that it is up-to-date. 

Before any action or decision is taken on the basis of any material on this website the user should obtain appropriate independent professional advice. 

Links to other websites are provided for the user's convenience and do not constitute endorsement of material at those sites, or any associated organisation, product or service. 

Users of this website are also directed to our privacy collection notice .

Council is not responsible for any loss, injury, claim, liability, or damage related to your use of this website or reliance on the information provided here, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. 

Please contact Melbourne Water for any sewerage-related matters. 

You can also report sewerage issues via the Snap Send Solve website or app.

Although we are not responsible for sewerage if you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our ‘Process for submitting a claim’ section for the next steps. 

For a more detailed understanding of your responsibilities as a property owner, please refer to the Stormwater Drainage Responsibilities Guide or visit our drains page.

If you plan to carry out any work on your stormwater outlet within the road reserve, including the nature strip and footpath, you must first obtain an Asset Consent Permit from Council. You can find information on obtaining this permit on Council's  Asset Consent Permit Information web page.

If you notice an issue with a stormwater drain that is not on private property, you can report it via the Snap Send Solve website.

1. If your claim is related to flooding due to Council stormwater drainage please refer to the section “Flooding/drainage.” 
2. Contact us to report an issue with one of our stormwater drains.  
3. Think about contacting your insurer for advice. 
4. If you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our ‘Process for submitting a claim’ section for the next steps.

The condition of household drainage and sewerage systems are the responsibility of the property owner, rather than Council. It’s essential for property owners to maintain and address issues with their private drainage systems. 

• Tree roots don’t generally cause damage to properly installed, maintained and sealed pipes, they simply take advantage of already damaged and leaking pipes. 
• Tree roots tend to grow where they find moisture, nutrients, and suitable soil conditions. When tree roots do encounter water or nutrients, they tend to grow more abundantly. 
• The most common cause of pipe damage is deteriorated pipes due to age, usually made of old terracotta. 
• Soil movement and natural wear and tear can lead to pipe joint failure and cracking, allowing moisture and nutrients to escape into the soil. Once a pipe deteriorates or gets damaged, roots from various trees, plants, and even grasses can penetrate it. 

For more information about claims related to damage by Council tree roots, please see the section 'Property damage caused by a Council tree, branch or roots.'

It is often recommended to replace old terracotta pipes with new PVC pipes and use pressure seals. Tree roots typically enter pipes through damaged seals, joint failures, and cracks. Correctly installed and well-maintained pipes are rarely crushed or cracked by tree roots.

• Check if the issue was caused by Council tree roots. You can do this by arranging a plumber to investigate and collect evidence.
• Think about contacting your insurer for advice.
• If you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our ‘Process for submitting a claim’ section for the next steps.

Some properties are in a designated Special Building Overlay (SBO), which means that they are subject to flooding caused by Melbourne Water drainage when it is under-capacity (eg. due to a storm). For more information about SBO, see the Melbourne Water website.

For any requests for Council to undertake maintenance or clearing of Council pipes or pits, please contact us.

In Glen Eira, water runoff from roads and property drains flows into Council drains, which then connect to Melbourne Water drains. Ultimately, the water reaches Port Phillip Bay. During heavy rains, Melbourne Water drains may become full, causing water to back up into Council drains. Our underground stormwater drains are designed for minor storms. In extreme events, when both Melbourne Water and Council drains are at capacity, stormwater runoff may flow along roads and natural paths, sometimes leading to flooding.

Unfortunately, it is not possible for us to keep all Council drains and pits clear all the time. This means if you have experienced flooding due to a blocked Council asset, we may not be responsible for the damage.

If you are experiencing flooding or drainage issues you think have been caused by Council pipes, trees or works, please contact us as soon as possible so that we can send our Works Department out to inspect and/or clear any Council drains.

Whilst Council undertakes our investigation as quickly as possible, it will still take time, and the outcome of our investigation may indicate we are not liable for the damage. As such, you should consider claiming on any insurance that you have to repair your property.

• First, check if the issue was caused by a Council pipe. You can do this by:
  • Contacting us.
  • Contacting Before You Dig: 
• Report a blocked Council drain to us.
• Think about contacting your insurer for advice.
• If you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our ‘Process for submitting a claim’ section for the next steps.

Contact us:

• Submit an enquiry online
• Email mail@gleneira.vic.gov.au
• Call 03 9524 3333

Check if the road is under the authority of Council. You can check this by searching the maps of declared roads on the VicRoads website. If the road is under our authority you can:

• Report the road issue to us.
• Make a complaint.

Report a road issue

We encourage community members to notify us of a road defect as soon as possible.

• Submit an enquiry online
• Email mail@gleneira.vic.gov.au
• Call 03 9524 3333
• Report issues with roads via the Snap Send Solve website.

If you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our ‘Process for submitting a claim’ section for the next steps. 

We will do our best to investigate your claim and if we believe the contractor has been negligent, we will try to assist you and the contractor to resolve the issue.

1. Contact us to find out who the relevant contractor is.
2. Provide the contractor with the claim:
   • You can do this directly, or
   • We can forward a copy of your correspondence (including personal information) to them and request that they contact you.
3. The contractor will investigate your allegations.
4. We will review the contractor’s investigation and assessment of your claim.
5. If we find evidence that the contractor has negligently caused damage to your property, we will try to assist you and the contractor with finding a resolution.

Contact us:

• Submit an enquiry online
• Email mail@gleneira.vic.gov.au
• Call 03 9524 3333

For more information, please visit Vehicle crossing permit - Glen Eira City Council | Glen Eira City Council

If you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our ‘Process for submitting a claim’ section for the next steps. 

1. The section of road, footpath or other asset which caused your injury is not owned or maintained by Council. You can check this by searching the maps of declared roads on the VicRoads website.
2. Council was unaware of damage caused by a third party to an asset, which caused your injury. Council cannot be held responsible for the actions of third parties.
3. An unknown third party is responsible for introducing a risk that caused your injury.
4. If your incident involved a clear and easily visible defect.
5. The law (Road Management Act 2004) says if Council has a road management plan and we are complying with it, we are not responsible for loss relating to roads and footpaths. When we receive these types of claims we will investigate compliance with our Plan.

1. Check the “Common reasons these claims are denied” section above. 
2. Contact us to report the road or footpath defect.
3. Make a complaint instead.
4. If you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our 'Process for submitting a claim' section for next steps.  

Report a road or footpath defect

We encourage community members to notify us of a footpath defect as soon as possible so we can arrange for the Works Department to inspect and schedule works if required.

Contact us:

• Submit an enquiry online
• Email mail@gleneira.vic.gov.au
• Call 03 9524 3333
• Report issues with roads via the Snap Send Solve website.

• Tree roots tend to grow where they find moisture, nutrients, and suitable soil conditions. When tree roots do encounter water or nutrients, they tend to grow more abundantly.
• The most common cause of pipe damage is the aging and poor condition of old terracotta pipes.
• Soil movement and natural wear and tear can lead to pipe joint failure and cracking, allowing moisture and nutrients to escape into the soil. Once a pipe deteriorates or gets damaged, roots from various trees, plants, and even grasses can penetrate it.

Prevention measures

It is advised to replace old terracotta pipes with new PVC pipes and use pressure seals. Tree roots typically enter pipes through damaged seals, joint failures, and cracks. Correctly installed and well-maintained pipes are rarely crushed or cracked by tree roots.

Property owner responsibility

The age and condition of household drainage and sewerage systems are the responsibility of the property owner, rather than Council. It’s essential for property owners to maintain and address issues with their own, private drainage systems.

Trees and branches

• We have met our obligation to inspect, assess and prune/maintain the tree related to your claim.
• Where there were no overt external signs that a tree or tree branch might fail.
• Weather conditions and actions by unknown parties (such as vehicle impact to trees), which are outside of Council’s control, may have contributed to the tree/tree branch failure.

Tree roots

• When there isn't enough evidence to prove that Council tree roots have directly caused damage to your private property. Providing enough evidence of direct damage caused by Council tree roots is critical to have a valid claim.
• If you have your own private tree/s or vegetation growing on your property which may have caused or contributed to the damage.
• If your asset (ie. pipe, fence or paving) was not properly installed or has not been sufficiently maintained.
• We were not previously aware that our tree was causing damage to your property.

1. Check the “Common reasons these claims are denied” section above. 
2. Check if the issue was caused by a Council tree. If the damage involved tree roots, you can arrange a plumber to investigate and collect evidence. 
3. Report the Council tree causing issues to us. 
4. Think about contacting your insurer for advice. 
5. Make a complaint instead. 
6. If you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our 'Process for submitting a claim' section for next steps.  

Report a tree issue

We encourage community members to notify us of a tree issue as soon as possible so we can arrange for an inspection and schedule works if required.

Contact us:

• Submit an enquiry online
• Email mail@gleneira.vic.gov.au
• Call 03 9524 3333
• Report issues via the Snap Send Solve website.

• The section of road which caused the damage is not owned or maintained by Council. You can check this by searching the Maps of Declared Roads on the VicRoads website. 
• An unknown third party is responsible for introducing a risk that caused the damage.
• Council was unaware of damage caused by a third party to an asset, which caused the damage. Council cannot be held responsible for the actions of third parties.
• The law (Road Management Act 2004) says if Council has a road management plan and we are complying with it, we are not responsible for loss relating to roads and footpaths. When we receive these types of claims, we will investigate compliance with the plan.
• The amount of compensation you are claiming is under $1,580.

1. Check the 'Common reasons these claims are denied' section above.
2. Contact us to report the road defect.
3. Think about contacting your insurer for advice.
4. Check the compensation amount you want to claim is over $1,580.
5. Make a complaint instead.
6. If you still think Council is responsible for the damage, collect evidence of this and all other information related to the incident. See our ‘Process for submitting a claim’ section for the next steps.

Report a road issue

We encourage community members to notify us of a road defect as soon as possible.

• Submit an enquiry online
• Email mail@gleneira.vic.gov.au
• Call 03 9524 3333
• Report issues with roads via the Snap Send Solve website. 

If you require assistance with filling out our claim form, please contact our Customer Service team on 9524 3333 and with your consent, we will assist you in filling out the form over the phone.

For other accessibility-related issues, please contact us.

The information provided on this webpage and in the claim tool is general in nature. This information does not cover all potential circumstances that may be considered by Council on a case-by-case basis. Please seek your own legal advice if you are unsure about any part of your claim.

Unfortunately, we’re not able to accept claims on compassionate grounds. The only time we can accept claims for compensation is when we have a legal duty to do so. Find more information below.

Our ethical obligation

Council has an obligation to ensure the ethical use of Council funds such as ratepayer contributions. Because of this, we handle each investigation objectively, and each claim requires thorough investigation before we can agree to any financial settlement.

Case-by-case evaluation

All claims are thoroughly evaluated on a case-by-case basis and we cannot compensate on compassionate grounds.

Responsible handling

Council is not able to provide compensation in cases where we do not have legal liability. Accepting liability without legal grounds would be irresponsible and could place an unwarranted financial burden on ratepayers.

Claims related to the liability of Council for injuries, property damage, or losses are carefully assessed based on the law (eg. legislation and legal precedents). Council also relies on several statutory and precedent-based defences.

For Council to be liable, it must be proven that Council owed a duty of care and breached that duty of care, which resulted in damage.

If you are not satisfied with the outcome you can request a review as per our internal review process and policies. 

In all cases, we recommend that you contact your insurer first. This is because:

• Your insurer will be able to arrange an evaluation of any damage.
• Your insurer will usually be able to repair the damage much faster than if you wait for the result of our investigation. Our investigations can take three to four weeks months or longer.
• For damage to vehicles, the insurance excess for an insurance claim is usually less than the Road Management Act threshold amount.

If you make an insurance claim, please provide us with your insurer details and claim number with your request so that we can speak directly to your insurer.

The investigations of claims can take around three to four months, and sometimes longer as we are often required to collect information from across various departments and sources.

We understand that waiting can be challenging. Our investigations aim to gather information from various sources and departments. Your patience throughout this process is appreciated, and we assure you that we're working diligently to assess your claim and respond to you as quickly as we can.

We will contact you to process your compensation claim if we require more information.

We welcome community feedback, input and ideas in regard to Council matters. However, it is important for us to point out the difference between making a claim and making a complaint.

A claim is a legal request for remedy or compensation due to damage to private property or injury for which Council is responsible. You might submit a claim for compensation when you have experienced damage to your private property or injured yourself as a direct result of Council’s negligence.

On the other hand, a complaint is a communication to Council of your dissatisfaction with the quality or delay in an action, decision or service provided by Council. See our internal review process and policies for more information about how we investigate and resolve complaints. If you would like to make a complaint, please use our general enquiry form and select the option to submit a complaint.

If you are not seeking financial compensation or simply want some sort of action taken, there are alternatives to making a claim for compensation. You can:

• Make a complaint.
• Report an issue.
• Request a repair to Council property.

Use any one of the methods below to make a complaint or report issues/repairs:

• Submit an enquiry online
• Email mail@gleneira.vic.gov.au
• Call 03 9524 3333
• Report issues via the Snap Send Solve website. 

Council can not provide you with legal advice, however, we have done our best to provide as much information as possible in our Claims Tool(link). The information provided on this webpage and in the claim tool is general in nature. This information does not cover all potential circumstances that may be considered by Council on a case-by-case basis. Please seek your own legal advice if you are unsure about any part of your claim. If you need help using the Claims Tool, please contact our Customer Service team on 03 9524 3333.

Regardless of the outcome of the Claim Tool, you can still submit a claim with us. A link to the online claim form is provided at the end of the Claim Tool. Alternatively you can call us and request a link to the online form is sent to you.